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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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if you received a traffic ticket in Virginia and the officer

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if you received a traffic ticket in Virginia and the officer annotated the wrong information on the ticket...is the ticket null and void ?
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

Can you please specify exactly what was incorrectly stated on the ticket?
Customer: replied 3 years ago.

I have a commercial drivers license and he marked no where it was asked if this was a cdl

Hi again, and thank you for your patience.

With regard to your post:

if you received a traffic ticket in Virginia and the officer annotated the wrong information on the ticket...is the ticket null and void ?

I have a commercial drivers license and he marked no where it was asked if this was a cdl


OK, typically, and unfortunately, that likely will not be of any help. Generally, when a clerical error is made that does not go towards the merits of the case, it will not cause a dismissal.

The kind of inaccuraces that could do so would be something like: Wrong name (it is not your on the ticket, but you somehow were then served as the defendent in the case and given a court date). If something that goes towards the merits were wrong, it wouldn't automatically make the case go away, nonetheless, since you would be the only one aware of the error. What you would do is file a motion to dismiss based on the fact that there is no evidence that you committed the violation and only evidence that some other guy/gal did so, as per the ticket.

In your case, if the existence of the CDL was part of the merits (as in, only CDL holders could violate this particular statute) then the State would simply bring out even better proof that you had that CDL (such as a notice from the DMV), so as to prove that needed element at trial. But if the existence of the CDL has no bearing on whether you violated the statute, then it won't matter, from a dismissal standpoint.

Now, if the officer's credibility as to what he witnesses was important - let's say he saw something and you want to (without disrespecting him in front of a judge) assail his credibility - not by calling him a liar, but by suggesting that his ability to actually see what happened was very limited or unreliable, his eyesight is bad, or if he was dealing with the end of a long shift, his tiredness may have effected his perception and ability to see clearly - then you could bring up the evidence that he couldn't even see the print on your license and that it said "CDL", which caused him to improperly record that fact. If he has trouble seeing your license, one may suggest that it is likely he has difficulties seeing XYZ (whatever he says he saw you do)...

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

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